EC defers Anantnag by-poll as CS, DGP cite law & order problem

Sanjeev Pargal
JAMMU, Apr 21: The Election Commission has defe-rred by-election to Anantnag Assembly seat, which was scheduled to be held on May 16, to fill the vacancy caused by the death of former Chief Minister Mufti Mohammad Sayeed following briefing given to the Commission in New Delhi today by Chief Secretary BR Sharma and Director General of Police (DGP) K Rajendra Kumar that law and order situation was not conducive in the Valley for holding by-poll on the due date.
Notification for the by-poll was scheduled to be issued tomorrow by the Returning Officer, who happened to be the Deputy Commissioner, Anant-nag.
Official sources told the Excelsior that the Election Commission of India comprising Dr Nasim Zaidi, Chief Election Commissioner, AK Joti and Om Prakash Rawat, Election Commissioners, have accepted the report of the Chief Secretary and the DGP on law and order situation in the Kashmir valley and decided to defer by-poll to 40-Anantnag Assembly constituency for the time being.
The State Government representatives including the Chief Secretary and the DGP had sought a meeting with the Election Commission of India following announcement of schedule for Anantnag by-poll on April 19 to seek its postponement citing present law and order situation in the Valley in which five civilians were killed and many others including police personnel were injured following violent incidents in Handwara and Kupwara apart from some other parts of the Valley.
The Chief Secretary and the DGP, according to sources gave a detailed report of recent violent incidents in the Valley including five killing and wanted that the by-election should be deferred for some days and notified again after the return of normalcy in the Valley.
“The Election Commission discussed report of the Chief Secretary and the DGP on law and order situation in the Kashmir valley and accepted their report for deferring the elections for next few days but with a rider that the election process had to be completed well before July 7 at any cost and, if possible, by June 15,’’ sources said.
They added that the two top officers of Jammu and Kashmir were told by the Election Commission of India that they were deferring the elections now but they have to create conducive law and order situation in the Valley for holding the election well before July 7 by when the Election Commission’s deadline for filling up the vacancy of Anantnag Assembly seat will be over.
It may be mentioned here that the Election Commission had to fulfill the vacancy caused to the Assembly within six months (of its falling vacant). Then Chief Minister and PDP leader Mufti Mohammad Sayeed, who represented Anantnag Assembly seat in the present Assembly, had died on January 7 and the seat was declared vacant from the same day.
The Election Commission had to fill up the vacancy by July 7. However, as annual pilgrimage to holy cave shrine of Baba Amarnath Ji is starting on July 2 this year with Pahalgam in Anantnag district being the base camp, the Government too wants the election process to be completed well before June 15 to rotate para-military and police personnel for the Amarnath Ji yatra duty after completing Anantnag election process.
As per the election schedule announced by the Election Commission of India on April 19, a notification for holding by-election to Anantnag Assembly seat was to be issued on April 22 while April 29 was last date for filing of nomination papers. Scrutiny of nominations was scheduled to take place in the office of the Returning Officer, Anantnag on April 30 while May 2 was last date for withdrawal of nomination papers.
The polling was scheduled for May 16 and counting of the votes was to be taken up on May 19 along with five other States, where Assembly elections have been completed or were under process including Assam, West Bengal, Tamil Nadu, Kerala and Puducherry.
Congress has already announced Hillal Shah as its candidate for Anantnag Assembly seat. Hillal had contested 2014 Assembly elections also from Anantnag against PDP’s patron Mufti Mohammad Sayeed.
Sources said with deferment of the election, the Model Code of Conduct (MCC) imposed in Anantnag district on April 19, has also been withdrawn.